American Bank v. Goss

Smith, J.:

This appeal raises the question as to whether section 443 of the Code of Civil Procedure, which provides for the service of a summons and complaint without the State without an order for such service, authorizes such service where an attachment has been granted upon the property of the defendant. Section 443 provides for the service without the State without an order in cases specified in section 438, subdivision 5. When section 443 was enacted, said subdivision 5 did not contain the provision authorizing the service of a summons by publication where a warrant of attachment had been…